tag:www.duiattorneync.com,2013-03-21://52632014-08-26T21:28:05ZMovable Type Enterprisetag:www.duiattorneync.com,2014://5263.12108362014-08-26T21:29:05Z2014-08-26T21:28:05Z
Did you know that there is a significant difference in your blood alcohol level depending on whether your "whole blood" or your "blood serum" is tested? It's true, and it just caused a county in Pennsylvania to suffer a major embarrassment.

The county's district attorney admitted that numerous cases were corrupted when the hospital in charge of testing blood samples tested the suspect's blood serum instead of their "whole blood." As a result, the results of their blood alcohol content test may have come back as much as 15 percent higher than what they were supposed to be.

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Numerous cases will be reviewed and there could be people who see the drunk driving charges against them dropped. Even if it doesn't necessarily lead to a dropped case, that 15 percent could be significant for people who are still charged with DUI. If their BAC was high enough, they could be subject to additional, and more severe, penalties. If the 15 percent bump made them cross this punitive threshold, then they could be spared the additional punishment.

When we talk about challenging blood tests or breath tests, we aren't insinuating that someone deserves to be "let off the hook." There could be legitimate logistical issues with the way their drunk driving case was processed, as this story clearly illustrates.

The police officers may not have had probable cause to pull you over or accuse you of drunk driving. The officers may have failed to properly administer your breath test. Or, the testing facility may have failed to properly test your blood when they established your blood alcohol level.

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tag:www.duiattorneync.com,2014://5263.12078242014-08-22T22:35:42Z2014-08-22T22:34:42Z
The former police chief of Greensboro, North Carolina was arrested recently for driving while intoxicated. The 54-year-old man was a police officer for 27 years, three of which were spent as the police chief of Greensboro. In 2010, he retired from his post and in 2012 he was appointed the director of public safety at North Carolina Central University.

The former police chief was pulled over on a Saturday night at about 12:40 a.m. The officer who performed the traffic stop said he smelled alcohol emanating from the vehicle and that the former police chief had glassy eyes. The officer then performed a Breathalyzer test on the 54-year-old, which came back with a reading of 0.09.

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There are two things to learn from this story. First and foremost, the 54-year-old's blood alcohol content of 0.09 serves and important purpose for drunk driving in general. Many people who are charged with DWI barely surpass the limit. These people made a mistake, and they certainly feel sorry for what they have done. We've all made mistakes. We shouldn't suffer for many years because of a mistake that caused no one any harm.

The other element in this story is that the former police chief was given a Breathalyzer test. Breath tests need to be administered properly, otherwise the data that is collected during the test -- and, indeed, the entire case -- could be invalidated. This is an important factor that is often overlooked in drunk driving cases.

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tag:www.duiattorneync.com,2014://5263.12032392014-08-20T21:51:47Z2014-08-20T21:50:47Z
A recent drunk driving incident made the internet rounds not because of the circumstances of the traffic stop or the arrest -- but because of the t-shirt the accused individual was wearing when his mug shot was taken.

The 19-year-old was arrested for drunk driving and when he was taken to jail, the police took his mug shot. The 19-year-old had a very interesting wardrobe choice: he wore a shirt with a previous mug shot of him. The photo quickly went viral, though no other details were provided about the entire incident.

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Though there may not be much substantial information in this story, it does illustrate an interesting point about drunk driving. The media reaction to DUI stories is usually laced with a certain "silly" judgment -- and what we mean is that drunk drivers are portrayed as these stupid people who shouldn't have done what they did.

That latter portion is true, but not all people who are accused of a DUI are "stupid" or "deserve what they get," so to speak. Sometimes, people make a mistake. It may seem like drunk driving isn't a mistake, but then again, how often do you definitively know your blood alcohol content before getting behind the wheel of a car? Probably not too often.

The point we're trying to make is that someone could have a drink or two and think that they are fine to drive, when in reality they aren't. They get pulled over and are hit with a DUI because of a BAC that's 0.09, 0.10 or somewhere very near the limit. It's still illegal of course, but it's still a mistake.

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tag:www.duiattorneync.com,2014://5263.11980542014-08-14T22:00:18Z2014-08-14T21:59:18Z
Labor Day weekend is fast approaching, and just like many other holidays, this means that there will be an increased police presence on many roads all across the country. These increased patrols are usually aimed at preventing, identifying and targeting drunk driving. Obviously, the best way to avoid getting swept up in one of these increased patrols over Labor Day weekend is to avoid drinking and driving.

However, there will undoubtedly be many people who drink a little too much and decide to get behind the wheel of a car over the holiday weekend. Many of these people will be swept up in a DUI charge but just be barely over the limit. They may even think that they were under the limit when they opted to drive.

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Your opinion on your blood alcohol doesn't matter, though -- only the figures produced from breath or blood tests. Once you break the 0.08 BAC law, your life can be turned upside by criminal charges, legal and court fees, and the loss of your license.

But just because the consequences are daunting and it seems as though you have no chance at fighting the case doesn't mean that you shouldn't fight it. The police don't always follow due process, and they don't always follow the rules. They may have made a mistake in your case or their case against you may be weak.

No matter your position in the wake of a DUI charge, our law firm can help you land on your feet. If you have a strong case, then we can support you and fight for you at trial. If the odds prove too daunting, then we will work hard to earn you an appropriate plea deal.

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tag:www.duiattorneync.com,2014://5263.11909902014-08-11T18:19:27Z2014-08-11T18:18:27Z
While the following story didn't happen here in North Carolina and even though it's a bit older, it highlights a very critical point about breath tests when a person is accused of driving while intoxicated.

In 2012, a woman was pulled over and accused of drunk driving. When she was asked about taking a breath test, she responded with lines such as "do I have a choice?" and "I guess, yes. What am I gonna say?" Such ambiguous language, according to the police and the court, meant that the woman was refusing a breath test because the question the police asked her requires only a "yes" or "no" answer.

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The woman appealed her breath test refusal charge, but lost because it was reiterated that her response to the question was ambiguous and failed to adhere to the "yes or no" basis of the conversation she had with the police officer.

Now, this all may seem silly, but it does highlight an important point about breath tests. The minutia of the rules involving breath tests is critical to the criminal case. It can help support the police's action, or it can support the defendant's appeal.

For example, there are very strict rules regarding the handling and application of a breath test. What if the police officer failed to perform these rules adequately? What if the officer's actions corrupted the test? These circumstances could lead to a successful appeal by the defendant. It may seem like a technicality -- and that's because it is. The police and the prosecution have to follow the rules, for if they don't, the case against a person being accused of a crime can be dismissed or tossed out.

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tag:www.duiattorneync.com,2014://5263.11897062014-08-08T18:03:53Z2014-08-08T18:02:53Z
While the following story didn't occur here in Greenville, or anywhere in North Carolina for that matter, it still brings an interesting issue to the table regarding drunk driving and the perception of people who operate a vehicle above the legal blood alcohol limit.

PJ Tucker, an NBA player who was born in Raleigh, North Carolina, was recently arrested for driving under the influence in Phoenix, where he applies his basketball skills. The Phoenix Suns' player recently signed a $16.5 million contract with the team. When Tucker was pulled over by police, a preliminary breath test showed that Tucker's blood alcohol level was 0.201. He then went in for a blood test that showed his blood alcohol content was actually 0.222.

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Tucker was charged for failing to stop at a stop sign, and the ominous sounding charge of "super extreme DUI." Such a DUI charge is allowed under Arizona law if a driver is found to have a blood alcohol content over 0.20. This "super extreme DUI" carries a minimum 45-day jail sentence if the individual is found guilty.

The specifics of the charge and the penalties aren't necessarily important for the purpose of this blog because they don't apply in this state. However, the name alone carries significant connotations for DUI law. Having someone accused or convicted of a "super extreme DUI" is more damaging than a regular DUI -- even though both acts are essentially the same.

Drunk drivers already get a bad rap, even though their DUI may have been their first mistake behind the wheel. Otherwise hard-working, good people are condemned for their action, even though it may have simply been a mistake or a moment of poor judgement. Adding a "super extreme" label other furthers this condemnation.

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tag:www.duiattorneync.com,2014://5263.11856912014-08-05T17:44:28Z2014-08-05T17:43:28Z
Many Greenville residents have probably heard of "ridesharing," a relatively new concept that was born by the tech industry. Ridesharing is very simple: it takes the concept of taxis and makes the job available for everyone. Using a cellphone app, any person could use their own personal vehicle as a taxi, and then pick people up who use the app and drive them to their destination for a nominal fee.

Companies like Uber and Lyft have dominated this new industry, and have thrived by revolutionizing the way taxis work. Taxi companies, meanwhile, have struggled to stay ahead of the curve. This is a major shift in society -- but there is another way that these ridesharing companies are apparently impacting the world.

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According to Uber, ridesharing has led to a reduction in drunk driving. On the surface this seems plausible, and indeed some cities have experienced a decline in drunk driving cases that coincides with the introduction of ridesharing apps in those cities. However, this assertion can't be proven as the data simply isn't available to link a decline in drunk driving charges with the introduction (and proliferation) of ridesharing companies.

Regardless of whether or not Uber and Lyft really do impact drunk driving, it goes without saying that anyone who enjoys a few too many drinks should avoid getting behind the wheel of a car. Drunk driving charges are obviously very serious, and the consequences for such an act are extensive. Hailing a taxi or reserving a ride through Uber should be your plan for when you need a ride home.

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tag:www.duiattorneync.com,2014://5263.11729232014-07-28T23:31:16Z2014-07-28T23:30:16Z
As everyone knows, the blood alcohol limit for a driver in North Carolina -- let alone every state in the U.S. -- is 0.08. When a driver violates the DWI law in North Carolina, they are subject to drunk driving charges. Eventually they will get back out on the road. But when they do, are they still subject to the 0.08 BAC limit?

The answer is "probably not." Instead, if you have a prior charge for driving while intoxicated, you are then subject to a blood alcohol limit of 0.04. However, there are a couple of exceptions to this rule. If your driving record is superb, then you may be off the hook. Additionally, if your first DWI saw you arrested and convicted after July 1, 2001, then it could impact your second offense.

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It only makes sense that the DWI law would get tougher if someone has a prior conviction for the offense -- but a first offense can be very harsh in the first place. We talked about the potential penalties in a prior blog post, but what must be noted is that in North Carolina, your DWI will be graded on a five-level scale by a judge. Level 5 is the least serious DWI, and a Level 1 (or aggravated Level 1) DWI garners the harshest penalties.

Remember that your DWI case could have unique circumstances that may lead to deviations from the exact punishments listed in our source material. However, they give you a good sense of the potential punishment that a DWI offender may face.

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tag:www.duiattorneync.com,2014://5263.11712752014-07-25T17:44:02Z2014-07-25T17:05:42Z
Last week was the 30th anniversary of the National Minimum Drinking Age Act, which essentially forced states to bump up their minimum drinking age to 21 unless they wanted to miss out on highway funding from the federal government. For the most part, this law came into existence because of a critical social and health problem: people between the ages of 16 and 20 were the most common drunk drivers, and in 1982 roughly 61 percent of fatal car accidents involved a "young driver."

Here we can see a clear indicator that the drinking age law worked. In 1995, only about 31 percent of fatal car accident involved a "young driver."

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However, another study points to a serious problem with the law. The study found that underage drinking may have actually increased as a result of the law. Specifically, the study looked at 56 colleges and found that "significantly more underage students drank compared to those of legal age" and that the drinking law may have actually been "counterproductive" in combating underage drinking.

So why do we bring this up? Well, we're certainly not advocating for the age limit to be dropped -- but it's clear the drinking age isn't fixing the problem, nor is such a law likely to ever fix the problem. Teens and young adults are bound to seek out risky behaviors.

Given that this is a natural tendency for younger people, it is amazing how harshly we punish these people when they are arrested for drinking and driving. A DWI can change the course of a young person's life, forever ruining the potential they once had. The penalties associated with drinking and driving are severe enough to inflict this kind of life-altering damage. Defending these charges is imperative, no matter your age and no matter the circumstances.

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tag:www.duiattorneync.com,2014://5263.11674412014-07-23T17:45:36Z2014-07-23T18:11:15Z
A recent study found that one of the 10 worst places to drive is Knoxville, which is near the North Carolina-Tennessee border. While the study found that the city nearly averaged 1,200 arrests per year for drunk driving, that's not the important element we're taking away from this story -- though it should be noted that Knoxville officials dispute the numbers associated with their city.

Instead, the key part of this study that we found interesting is the fact that people in Knoxville who were convicted of a DUI or DWI saw their insurance rates jump up dramatically. On average, their premiums increased by 50 percent.

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One of the major punishments inflicted on someone who is arrested and convicted of a drunk driving charge has nothing to do with potential jail time. It's the financial side of the charge that often cripples a drunk driving suspect. There are court costs, fines, fees to reinstate your license, and numerous other costs associated with such a charge -- and this is all before your insurance even catches wind of the drunk driving charge.

The increase to your insurance can dramatically affect your ability to deal with other financial situations in your life. A DUI or DWI charge can truly limit a person's ability to live his or her life normally for many years, even after all the legal punishments are completed or gone.

All of this only highlights what you already know: that DUI charges are very serious and that anyone accused of one needs to vigorously defend their case to limit the damage caused by such a charge, or even get it dismissed if the circumstances warrant it.

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tag:www.duiattorneync.com,2014://5263.11630982014-07-18T21:45:41Z2014-07-18T21:44:41Z
The capital of North Carolina is a little more than an hour west of us here in Greenville, and in that short distance it appears you could enter a city with a drunk driving epidemic. According to Raleigh police, the number of driving while intoxicated arrests in the city for the first half of 2014 has doubled compared to the first half of 2013.

In the first half of 2013, 794 people were arrested on DWI charges. In the first half of this year, the figure nearly doubled to 1,484 DWI arrests. Curiously and thankfully, the number of DWI-related deaths plummeted from 12 in the first half of 2013 to just two in the first half of 2014.

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Obviously, it appears there has been an increase in police patrols to catch people who are driving while intoxicated. But no matter how much the police bolstered their patrols, they still have to abide by the law when arresting and investigating someone who they suspect is intoxicated behind the wheel of a car.

For example, the police will want to give you a breath test if they think you are intoxicated at the wheel. North Carolina has an "implied consent" law, which means that if the police carry out the investigation properly and they have probable cause that you are intoxicated, then you automatically consent to breath test.

However, there is a preliminary breath test they may give you at the site of the traffic stop to try to gauge your blood alcohol content. This breath test can be refused. It is the evidentiary breath test, given later at a police facility, that can't be refused.

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tag:www.duiattorneync.com,2014://5263.11568872014-07-15T21:42:35Z2014-07-15T21:41:35Z
A very interesting study was recently released be researchers in the Netherlands that shows drivers who have allergies are comparable to drunk drivers. According to the study drivers with "allergy symptoms" drove about as well as someone with a blood alcohol content of 0.03. Participants in the study had tree or grass pollen allergies, and they had to drive for 60 minutes.

Researchers then measured their "standard deviation of lateral position" -- or in layman's terms, how much the driver swerved from the center position of their lane. This is a typical measurement of drunk drivers, and the allergy-stricken drivers measured in with the driving control of someone with a 0.03 BAC.

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What does this mean for drunk driving law? Well, nothing really. But what it does show is that there are plenty of reasons why a driver may be "impaired" -- and they may not even require illicit substances to achieve. People with allergies struggle with watery eyes, runny noses, sneezing and other bodily reactions that make it harder for them to drive. Just as drivers with too much to drink struggle to drive, those who play loud music while they drive, or drive while they have the flu, or drive after they have suffered a concussion may also struggle to drive.

We're not advocating for drunk driving to be legalized, just as the act of driving with the flu or allergies is legal. Instead, we're simply pointing out that drunk drivers aren't always the demonic, terrible people the media portrays them as. Many people who are charged or convicted with a DWI are good, honest people who made one mistake.

People make risky driving decisions comparable to drunk driving everyday -- like driving with allergies. This doesn't necessarily make them bad people. We all just need to be a little safer when we decide to get behind the wheel of a car.

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tag:www.duiattorneync.com,2014://5263.11472532014-07-09T20:33:00Z2014-07-08T20:34:26Z
For anyone who faces a drunk driving arrest, the consequences can be dire and life-changing. Yet, facing a potential DWI conviction affects everyone in different ways. A professional football player's recent arrest in North Carolina on DWI charges shows how accusations of drunk driving can have serious repercussions.

In the early morning hours of July 5, All-Pro receiver Josh Gordon of the Cleveland Browns was arrested in North Carolina for DWI. Reportedly, the pro receiver's blood-alcohol level was .09, just over the legal limit for drivers.

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Like many DWI stops, this one came about because of an apparent violation of a minor traffic law. Police stopped Gordon because he was speeding.

This is just the latest in a series of legal problems for Gordon. He has already been slapped with a ban from the NFL of at least a year for failing a drug test. Although Gordon is in the process of appealing the ban in the hopes of getting his suspension reduced, the recent DWI stop, even though it is not yet a criminal conviction, likely will not help his case.

If you have been arrested for drunk driving, you probably do not have to fear risking a career as a professional athlete. Yet, that does not mean the potential consequences in your case are any less real or any less impactful on your own life. Even accusations that have not been tested in court can harm your reputation and other aspects of your life. You can stem the damage to the greatest extent possible by seeking the assistance of an experienced North Carolina DWI defense attorney.

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tag:www.duiattorneync.com,2014://5263.11472342014-07-08T19:41:29Z2014-07-08T19:40:29Z
Over the holidays, traffic volumes increase. This is particularly true during summer holidays. The conventional wisdom, at least according to those who enforce DWI laws, is that rates of drunk driving also increase around the holidays.

In the days preceding and following the recent July 4 holiday, DWI patrols were stepped up throughout North Carolina. A law enforcement campaign known as "Booze It & Lose It: Operation Firecracker" was kicked off on June 27.

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"Booze It & Lose It: Operation Firecracker" continued through July 6. The campaign mostly featured increased law enforcement patrols targeting drunk drivers, but also included other measures.

The "Booze It & Lose It: Operation Firecracker" campaign is just one example of recent efforts to crack down on intoxicated driving in North Carolina. Even though the number of fatalities in North Carolina motor vehicle accidents involving alcohol consumption is down by approximately 36 percent in the first six months of 2014 compared to the same time period last year, the authorities are not easing up on DWI enforcement.

If you were picked up for drunk driving in the recent "Booze It & Lose It: Operation Firecracker" campaign, you are facing some very serious potential consequences. However, if there are weaknesses in the case against you, you can attack them in court. With the help of a skilled DWI defense lawyer, you may be able to defeat charges, or at least secure a more lenient sentence. Talk to a North Carolina DWI defense attorney to learn more about your options for defending against drunk driving accusations.

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tag:www.duiattorneync.com,2014://5263.11345032014-07-02T22:32:05Z2014-07-02T15:20:44Z
Not only do underage drinkers have a reputation for overdoing it, a new study suggests they are also fairly particular about what they imbibe when they decide to go overboard.

According to one of the authors of the research by Boston University and the Johns Hopkins Bloomberg School of Public Health, "For the first time we've found the brands that are most responsible for binge drinking among our nation's youth."

Underage alcohol charges are not uncommon in the Greenville area. The community has its share of students from high school on up through college. Such charges should not be dismissed as inconsequential. The effects of a conviction can be many and long lasting and so the charges deserve to be met with a strong legal defense.

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The researchers say they suspect the reason they've been able to peg consumption to particular name brand sources is because of marketing that may encourage underage drinking and drinking in excess. They say their findings suggest that a closer study of company marketing practices is needed.

To get their data, the scientists polled youths between the ages of 13 and 20. What it found was that binge drinking was not uncommon among respondents. By their answers, researchers concluded that 67 percent of all the drinks youths consumed were downed during binge episodes.

The beverage at the top of the chart was Bud Light beer. That was followed by various Jack Daniel's bourbons. The top 25 brands out of 900 cited by respondents accounted for more than 46 percent of all binge drinking.

Drinking in excess is never wise. It is considered of even greater concern when it's done by minors. According to government statistics, the practice is responsible for hundreds of thousands of minors winding up in the emergency room each year. Sometimes it results in death.